|
| |
| |
a film within the meaning of paragraph 15 of | |
Schedule 1 to that Act,”, and | |
(b) in paragraphs (a) and (c) after “premises”, and in paragraph (b) after | |
the first “premises”, insert “in Scotland”. | |
Building Act 1984 (c. 55) | 5 |
89 The Building Act 1984 is amended as follows. | |
90 In section 24(4) (provision of exits in buildings) for paragraph (c) | |
substitute— | |
“(c) premises in respect of which a club premises certificate has | |
effect under the Licensing Act 2003,”. | 10 |
91 In section 74(2) (exemption for certain premises from requirement for local | |
authority’s consent for cellars and rooms below subsoil water level), omit | |
paragraph (a) and the word “or” immediately following it. | |
Police and Criminal Evidence Act 1984 (c. 60) | |
92 In Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable | 15 |
offences) at the end there is inserted— | |
“Licensing Act 2003 | |
26. An offence under section 141(1) of the Licensing Act 2003 (failure | |
to leave licensed premises, etc.).” | |
Greater London Council (General Powers) Act 1984 (c. xxvii) | 20 |
93 In section 15(1) of the Greater London Council (General Powers) Act 1984 | |
(exceptions to power of Council to refuse to register sleeping | |
accommodation), at the end insert— | |
“(v) a building— | |
(a) in respect of which there is in force immediately | 25 |
before the appointed day a premises licence under the | |
Licensing Act 2003 authorising the supply of alcohol | |
(within the meaning of section 15 of that Act) for | |
consumption on the premises, and | |
(b) the use of which for a specified purpose would not | 30 |
contravene the Town and Country Planning Act | |
1990.” | |
Cinemas Act 1985 (c. 13) | |
94 The Cinemas Act 1985 ceases to have effect in England and Wales. | |
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) | 35 |
95 The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as | |
follows. | |
96 In the following provisions, for “intoxicating liquor” substitute “alcohol”— | |
(a) section 1(2) and (3) (alcohol on coaches and trains), | |
| |
| |
|
| |
| |
(b) section 1A(2) and (3) (alcohol on certain other vehicles), | |
(c) section 2(1) (alcohol at sports grounds). | |
97 Omit section 2(1A) (application to private rooms of offence of having alcohol | |
at designated sporting event). | |
98 The following provisions cease to have effect— | 5 |
(a) sections 3 and 4 (order about licensing hours in sports grounds), | |
(b) section 5 (appeal against such an order), | |
(c) section 5A (restricted periods in relation to possession of alcohol in | |
private rooms at sports grounds), | |
(d) section 5B (occasional licences at sports grounds), | 10 |
(e) section 5C (supply of alcohol by clubs at sports grounds), | |
(f) section 5D (non-retail sales of alcohol during sporting event), | |
(g) section 6 (closure of bar during sporting event), | |
(h) the Schedule (procedure for obtaining order about licensing hours in | |
sports grounds). | 15 |
99 In section 8 (offences)— | |
(a) in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)” | |
substitute “or 2A(1)”, and | |
(b) omit paragraphs (d) and (e). | |
100 In section 9 (interpretation)— | 20 |
(a) omit subsection (5), and | |
(b) for subsection (7) substitute— | |
“(7) An expression used in this Act and in the Licensing Act 2003 | |
has the same meaning in this Act as in that Act.” | |
Housing Act 1985 (c. 68) | 25 |
101 The Housing Act 1985 is amended as follows. | |
102 In section 11 (provision of board facilities by local housing authority)— | |
(a) for subsection (3) substitute— | |
“(3) Where a premises licence under Part 3 of the Licensing Act | |
2003 authorises the sale by retail of alcohol in connection with | 30 |
the provision of facilities of the kind mentioned in subsection | |
(1)(a), then, notwithstanding the terms of that licence, it does | |
not have effect so as to authorise the sale by retail of alcohol | |
for consumption otherwise than with a meal.”, | |
(b) in subsection (4) after “the sale of intoxicating liquor” insert “or the | 35 |
sale by retail of alcohol”, and | |
(c) after that subsection insert— | |
“(5) An expression used in this section and in the Licensing Act | |
2003 has the same meaning in this section as in that Act.” | |
103 In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for | 40 |
“premises licensed for the sale of intoxicating liquor” substitute “premises | |
which, by virtue of a premises licence under the Licensing Act 2003, may be | |
used for the supply of alcohol (within the meaning of section 15 of that Act)”. | |
| |
| |
|
| |
| |
Sex Discrimination Act 1986 (c. 59) | |
104 Section 5 of the Sex Discrimination Act 1986 (discrimination required by | |
public entertainment licence) ceases to have effect. | |
Fire Safety and Safety of Places of Sport Act 1987 (c. 27) | |
105 After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987 | 5 |
(requirements of safety certificate to take precedence over conflicting | |
conditions imposed in licence, etc.) insert— | |
“(2A) For the purposes of subsection (2)— | |
(a) “the licensing of premises” includes the granting of a | |
premises licence or club premises certificate under the | 10 |
Licensing Act 2003, and | |
(b) “licence” is to be construed accordingly.” | |
Norfolk and Suffolk Broads Act 1988 (c. 4) | |
106 In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 | |
(provision of facilities by Broads Authority), in paragraph (b) for | 15 |
“intoxicating liquor” substitute “alcohol (within the meaning of the | |
Licensing Act 2003)”. | |
Housing Act 1988 (c. 50) | |
107 In Schedule 1 of the Housing Act 1988 (tenancies which cannot be assured | |
tenancies), in paragraph 5, for “premises licensed for the sale of intoxicating | 20 |
liquors” substitute “premises which, by virtue of a premises licence under | |
the Licensing Act 2003, may be used for the supply of alcohol (within the | |
meaning of section 15 of that Act)”. | |
Town and Country Planning Act 1990 (c. 8) | |
108 Section 334 of the Town and Country Planning Act 1990 (licensing planning | 25 |
areas) ceases to have effect. | |
Sunday Trading Act 1994 (c. 20) | |
109 (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening | |
of large shops) is amended as follows. | |
(2) In paragraph 1— | 30 |
(a) for the definition of “intoxicating liquor” substitute— | |
““alcohol” has the same meaning as in the Licensing | |
Act 2003,”, and | |
(b) in paragraph (a) of the definition of “sale of goods”, for “intoxicating | |
liquor” substitute “alcohol”. | 35 |
(3) In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | |
110 In section 63 of the Criminal Justice and Public Order Act 1994 (power to | |
remove persons attending raves, etc.), for subsection (9)(a) substitute— | |
| |
| |
|
| |
| |
“(a) in England and Wales, to a gathering in relation to a | |
licensable activity within section 1(1)(c) of the Licensing Act | |
2003 (provision of certain forms of entertainment) carried on | |
under and in accordance with an authorisation within the | |
meaning of section 134 of that Act;”. | 5 |
Deregulation and Contracting Out Act 1994 (c. 40) | |
111 Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday | |
Observance Act 1780 not to apply to sporting events) ceases to have effect. | |
London Local Authorities Act 1995 (c. x) | |
112 In section 14 of the London Local Authorities Act 1995 (interpretation of Part | 10 |
relating to near beer premises), in the definition of “near beer premises”— | |
(a) for the words “intoxicating liquor is provided exemption or saving | |
from the provisions of the Act of 1964 by virtue of section 199 of that | |
Act” substitute “alcohol is not a licensable activity under or by virtue | |
of section 172 of the Licensing Act 2003”, | 15 |
(b) for paragraph (A) substitute— | |
“(A) a premises licence under Part 3 of that Act which | |
authorises the supply of alcohol (within the meaning | |
of section 15 of that Act) for consumption on the | |
premises;”, | 20 |
(c) in paragraph (B)— | |
(i) omit “Schedule 12 to the London Government Act 1963,” and | |
“or the Private Places of Entertainment (Licensing) Act 1967”, | |
and | |
(ii) at the end insert “or a premises licence granted under Part 3 | 25 |
of the Licensing Act 2003 which authorises the provision of | |
any form of regulated entertainment (within the meaning of | |
Schedule 1 to that Act)”, | |
(d) omit paragraphs (C) to (E), | |
(e) for paragraphs (F) and (G) substitute— | 30 |
“(F) a temporary event notice under the Licensing Act | |
2003, by virtue of which the premises may be used for | |
the supply of alcohol (within the meaning of section | |
15 of that Act);”, | |
(f) for the words from “during the hours” to “licence:” substitute | 35 |
“during the hours permitted by such licence or notice:”, and | |
(g) for “such licence; and” substitute “such licence or notice; and”. | |
Employment Rights Act 1996 (c. 18) | |
113 In section 232(7) of the Employment Rights Act 1996 (definition of “catering | |
business”)— | 40 |
(a) in paragraph (a) for “intoxicating liquor” substitute “alcohol”, and | |
(b) for the words ““intoxicating liquor” has the same meaning as in the | |
Licensing Act 1964” substitute ““alcohol” has the same meaning as in | |
the Licensing Act 2003”. | |
| |
| |
|
| |
| |
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) | |
114 (1) Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 | |
(confiscation of alcohol) is amended as follows. | |
(2) In subsection (1)— | |
(a) for “intoxicating liquor”, in each place it occurs, substitute “alcohol”, | 5 |
(b) in paragraph (b) for “liquor” substitute “alcohol”, and | |
(c) for “such liquor” substitute “alcohol”. | |
(3) For subsection (7) substitute— | |
“(7) In this section— | |
“alcohol”— | 10 |
(a) in relation to England and Wales, has the same | |
meaning as in the Licensing Act 2003; | |
(b) in relation to Northern Ireland, has the same meaning | |
as “intoxicating liquor” in the Licensing (Northern | |
Ireland) Order 1996; and | 15 |
“licensed premises”— | |
(a) in relation to England and Wales, means premises | |
which may by virtue of Part 3 or Part 5 of the | |
Licensing Act 2003 (premises licence; permitted | |
temporary activity) be used for the supply of alcohol | 20 |
within the meaning of section 15 of that Act; | |
(b) in relation to Northern Ireland, has the same meaning | |
as in the Licensing (Northern Ireland) Order 1996.” | |
Police Act 1997 (c. 50) | |
115 In section 115(5) of the Police Act 1997 (enhanced criminal record | 25 |
certificates), after paragraph (d) insert— | |
“(da) a personal licence under the Licensing Act 2003;”. | |
London Local Authorities Act 2000 (c. vii) | |
116 In section 32 of the London Local Authorities Act 2000 (interpretation of | |
provisions about the licensing of buskers), in the definition of “busking”, for | 30 |
paragraph (b) substitute— | |
“(b) under and in accordance with a premises licence under | |
Part 3 of the Licensing Act 2003, or a temporary event | |
notice having effect under Part 5 of that Act, which | |
authorises the provision of regulated entertainment | 35 |
(within the meaning of paragraph 2(1)(e) to (h) or 3(2) of | |
Schedule 1 to that Act (music and dancing));”. | |
Private Security Industry Act 2001 (c. 12) | |
117 (1) Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door | |
supervisors etc. for licensed premises) is amended as follows. | 40 |
(2) In sub-paragraph (2), for paragraphs (a) to (d) substitute— | |
“(a) any premises in respect of which a premises licence | |
or temporary event notice has effect under the | |
| |
| |
|
| |
| |
Licensing Act 2003 to authorise the supply of | |
alcohol (within the meaning of section 15 of that | |
Act) for consumption on the premises; | |
(b) any premises in respect of which a premises licence | |
or temporary event notice has effect under that Act | 5 |
to authorise the provision of regulated | |
entertainment;”. | |
(3) For sub-paragraph (3) substitute— | |
“(3) For the purposes of this paragraph, premises are not licensed | |
premises— | 10 |
(a) if there is in force in respect of the premises a premises | |
licence which authorises regulated entertainment within | |
paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act | |
2003 (plays and films); | |
(b) in relation to any occasion on which the premises are being | 15 |
used— | |
(i) exclusively for the purposes of a club which holds | |
a club premises certificate in respect of the | |
premises, or | |
(ii) for regulated entertainment of the kind mentioned | 20 |
in paragraph (a), in circumstances where that use is | |
a permitted temporary activity by virtue of Part 5 | |
of that Act; | |
(c) in relation to any occasion on which a licence is in force in | |
respect of the premises under the Gaming Act 1968 (c. 65) | 25 |
and the premises are being used wholly or mainly for the | |
purposes of gaming to which Part 2 of that Act applies; or | |
(d) in relation to any such other occasion as may be prescribed | |
for the purposes of this sub-paragraph.” | |
(4) After sub-paragraph (5) insert— | 30 |
“(6) Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be | |
construed in accordance with the Licensing Act 2003.” | |
Criminal Justice and Police Act 2001 (c. 16) | |
118 The Criminal Justice and Police Act 2001 is amended as follows. | |
119 In section 1(1) (offences leading to penalties on the spot), at the end of the | 35 |
Table insert— | |
| | “Section 147(4) of the | Buying or attempting to buy | | | | | Licensing Act 2003 | alcohol for consumption on | | | | | | licensed premises, etc. by | | | | | | child” | | 40 |
|
120 In section 12 (alcohol consumption in designated public place)— | |
(a) in subsections (1) and (2), for “intoxicating liquor”, in each place it | |
occurs, substitute “alcohol”, and | |
(b) in subsection (2) for “such liquor” substitute “alcohol”. | |
| |
| |
|
| |
| |
121 In section 13 (designated public places), in subsection (2) for “intoxicating | |
liquor” substitute “alcohol”. | |
122 (1) Section 14 (places which are not designated public places) is amended as | |
follows. | |
(2) In subsection (1)— | 5 |
(a) for paragraphs (a) to (d) substitute— | |
“(a) premises in respect of which a premises licence or | |
club premises certificate, within the meaning of the | |
Licensing Act 2003, has effect; | |
(b) a place within the curtilage of premises within | 10 |
paragraph (a); | |
(c) premises which by virtue of Part 5 of the Licensing | |
Act 2003 may for the time being be used for the | |
supply of alcohol or which, by virtue of that Part, | |
could have been so used within the last 20 minutes;”, | 15 |
and | |
(b) in paragraph (e), for “intoxicating liquor” substitute “alcohol”. | |
(3) Omit subsection (2). | |
123 In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for | |
“intoxicating liquor” substitute “alcohol”. | 20 |
124 In section 16(1) (interpretation of sections 12 to 15)— | |
(a) before the definition of “designated public place” insert— | |
““alcohol” has the same meaning as in the Licensing Act 2003;”, | |
(b) omit the definition of “intoxicating liquor”, and the word “and” | |
immediately following it, and | 25 |
(c) after the definition of “public place” insert “; and | |
“supply of alcohol” has the meaning given by section 15 of the | |
Licensing Act 2003”. | |
125 In each of the following provisions, for “unlicensed sale of intoxicating | |
liquor” substitute “unauthorised sale of alcohol”— | 30 |
(a) section 19(1) and (2) (service of closure notice by constable or local | |
authority), | |
(b) section 20(3)(a) (no application for closure order where unauthorised | |
sale of alcohol has ceased), | |
(c) section 21(1)(b) and (2)(b) (closure order), | 35 |
(d) section 27(6) (fixing notice on premises where personal service | |
cannot be effected). | |
126 In section 28 (interpretation of provisions relating to closure of unlicensed | |
premises)— | |
(a) before the definition of “closure notice” insert— | 40 |
““alcohol” has the same meaning as in the Licensing Act 2003;”, | |
(b) omit the definition of “intoxicating liquor”, and | |
(c) for the definition of “unlicensed sale” substitute— | |
““unauthorised sale”, in relation to any alcohol, means any | |
supply of the alcohol (within the meaning of section 15 of | 45 |
the Licensing Act 2003) which— | |
| |
| |
|
